Separation of Powers:

Does not limit power to make
decisions on national policy,

120.

Limitations derived from, 95.
Limitations on treaty-making

power, 101.

Most important limitation

foreign relations power, 125.
Origin of theory, 172.

on

Should not be too rigidly ap-

plied, 126. (See also Constitu-
tion of United States.)
Seward, William H., Secretary of
State:

On House resolutions affecting
foreign policy, 33, 280.

On practice in international com-
munication, 23.

On termination of foreign wars,
291.

Sherman, William T., General, armis-
tice by, repudiated, 44, 240.
Sherman, John, on Presidential agents,
249, 332.

Sherman anti-trust act, 165.
Signature of treaty. (See Treaties.)
Slave trade, suppression of, 184, 295.

(See also Treaties.)

Slavery, prohibition of, in accord

with international law, 80. (See
also Constitutional provisions,
Emancipation Proclamation.)
South Africa, unofficial reception of
mission from, 35.

South African war, termination of,
291.

Sovereign powers, not vested in na-

tional government, 130–132.
Sovereigns:

International law applied in cases
affecting, 171.

Sedition against, punishable in
states, 178.
Sovereignty:

Nature of, 134.

Questions involving, non-justici-
able, 214.

Theory of, divided, 72.

Spain:

Controversies on obligation of
preliminaries of peace, 54.

Controversies on ratification of
treaties, 42, 43. (See also
Treaties.)

Spanish-American war:

Effect on control of foreign re-
lations in United States, 367.
Initiation of, 289.

Preliminaries of peace. (See
Executive agreements.)

Spanish colonial wars, termination
of, 291.

Spanish-Peruvian war, termination
of, 291.

Spanish treaty claims commission,
222, 245.

Spooner, Senator of Wisconsin:

On control of foreign relations,
365.

On Department of State, 322.
On executive nature of foreign
relations power, 137.
Stanton, Commodore, recognition of
Brazilian insurgents, repudiated by
President, 40.

Stare Decisis, application to interna-
tional decisions, 64, 65.

State, Department of:

Agency of communication, 21.
Negotiation by, 219.

Organization of, 322.

State, Secretary of. (See Secretary
of State.)

States of the United States:

Admission to the union, 275, 276.
Anti-alien legislation by, 90-91.
Consent to alienation of terri-

tory, 89.

Consent to treaty, 55.
Contracts by, 205, 232.
Exempt from taxation, 86.
Guaranteed rights of, 76.
Jurisdiction of courts, in cases

affecting aliens, 202.
Limitations on powers of, 73.
Limitations on foreign relations
powers, 265.

No extradition power, 190, 231.
No power to perform national
obligations, 205.

Not internationally responsible,
25.

Not judge in own case, 210.

Officers of, may not be burdened

with national duties, 312.
Release from, of persons claim-
ing immunity under interna-
tional law, 161, 171, 180, 229.
Remedies by, will not relieve na-
tional government of responsi-
bility, 206.

Republican form of government
guaranteed, 86.

Resolutions by, recommending
recognition, 265.
Suability of, 205, 206.
Territory of, guaranteed, 86.
Territory of, may not be ceded,

88. (See also Constitution of
United States.)

States of the United States, powers:
Agreement making, 230-232, 261.
Appontment of militia officers,
321.

Criminal legislation concurrent
with Congress, 178.
Diplomatic, 264.

Enforcement

law, 177.

of international

Foreign relations, 129.

Meeting of international respon-
sibilities, 153.

Protection of resident aliens, 179.
Regulation of alien

holding, 91.

Reserved, 75.

War, 264.

property

States of the United States, statutes:
Publication, 30.

Subject to international cogni-
zance, 30, 40.

Void if contrary to treaty, 91, 161,

Succession, law of, 80.

(See

Sumner, Charles, Senator from Mas-
sachusetts:

On denunciation of treaty, 259.
Resolution on proposed Santo
Domingan annexation, 279.

Supreme Court of the United States:
Appellate jurisdiction of, 203.
Effect of decisions as precedents,
347.

Original jurisdiction of, 202.
Suspension of arms, 240.

Sutherland, George:

On arbitration treaties, 112.
On war powers of President, 84,
170.
Switzerland:

Controversy on application of
most-favored-nation clause, 33,

228.
International responsibility of na-
tional government, 15.

Official commentary on League of
Nations covenant, 60, 114. (See
also Treaties.)

Taft, William Howard:

Dispatch of troops, 296.

On arbitration treaties, III, 112.
On denunciation of treaties, 259.
On executive agreements, 238.

Taney, Chief Justice:

On foreign relations powers of
national government, 134.
On nature of foreign relations
powers, 131.

On powers of states of United

States to make agreements, 230.
Taylor, Zachary, President, communi-
cation on Kossuth revolution pro-
tested by Austria, 25, 36.
Tazewell, Senator from Virginia, on
President's power to appoint diplo-
matic agents, 330.

Telegraph, power to regulate, 302.
Termination of executive agreements.
(See Executive agreements.)
Termination of Treaties. (See Trea-
ties.)

Termination of war. (See War.)
Territory:

Annexation of, political question,
172.
Conquest of, 276.

International law applied to de-

termine rights in newly ac-
quired, 172.

Methods of acquiring, 273-275.
Military government of, constitu-
tional, 83, 85.

Power to annex, 83, 130, 274, 275.
Power to cede, 226.
Recognition of acquisitions, 268,

249.

Authorizing executive and judi-
cial action 190.

Authorizing executive agreements,
106, 236.

Authorizing extradition by state
authority, 178.

Can not deprive Congress of
powers, 10I.

Can not deprive courts of inher-
ent powers, 116.

Can not vest courts with non-
judicial functions, 117.
Capture of property under author-
ity of, 299.

Change in character of, during

19th century, 206-207.
Claims settled by, 244.

Classification of subject matter,
247.

Conclusion of, may be national
obligation, 228.

Conflict with acts of Congress,

164, 175, 305, 345.

Conflict with another treaty, 166,
175, 352.

Conflict with customary interna-
tional law, 174.

Conflict with state law, 91, 175.
Congress deprived of full discre-
tion by, 103.

Congressional execution of, 103,
226, 354-356.

Courts can not make, 234.
Delegation of judicial power by,
112, 116.

Delegation of power by, to inter-
national organs, 110, 112.

Delegation of power by, to Presi-
dent, to conclude compromis of
arbitration, 108.
Denunciation on notice, 258.
Deposit of ratifications, 50.
Designating special organs to exe-
cute, 26, 99.

Duty to ratify, 42, 252, 253.
Exchange of ratifications, 48, 50,

52, 254.

Imposes moral obligation, 210.
Initiation of, 248.

International obligation of, not
affected by congressional abro-
gation, 260, 261.

Interpretation of, 63, 112, 218.
Interpretation by President, 25,
245.

Interpretation of law by, 115-116.
Interpretation of, requires full
treaty power, 48, 65, 217.
Interpretation by national organs
in first instance, 213.
Interpreted in accord with inter-
national law, 166.
Interpretive resolutions by Houses
of Congress, 253.
Making of, distinguished from
meeting responsibilities, 62.
May deal with subjects in power

of Congress, 102, 103, 344.
Most-favored-nation clause, ap-
plication to Switzerland, 46.
Must deal with subjects of inter-

national scope, 123.
National claims submitted to ar-
bitration under, 223.

National obligations based on, 206.
Negotiation under authority of

President, 44.

Never declared unconstitutional,
Ɛo, 247.

Number concluded by United
States, 246, 247.
Number rejected by Senate, 252.
Objection of foreign states
Senate amendment, 44.
Obligation of, 6, 59, 212.

to

Obligation of Congress to enforce,

Offenses against, punished, 179,
184-186.

Offenses created by, may be pun-
ished, 79.

Organs for interpreting, 210.
Power of Congress to pass laws
in execution of, 87.

Power to conclude, under national
constitution, 53.

President's refusal to submit to
Senate, 254.
Proclamation of, 255.

Protocols postponing exchange of
ratifications, 47.

Provisions dependent on state leg-
islation, 26, 30, 31.
Publication of, 31.

Qualified ratification of, must be
consented to, 45.

Ratification of, 42, 52, 252, 254.
Recognition of, in act of Con-
gress, 163.

Rejection of, by foreign govern-
ment, 255.

Repudiation of, 6, 260.
Requiring legislative execution,
208.

Requiring subsequent treaty, 353.
(See Reserva-
Reservations to.

tions to Treaty.)
Respect for earlier treaties by,
166.

Secrecy in negotiation of, 354-
Secret, 255.

Self executing, 207, 228, 353.
Senate participation in interpreta-

tion of, 48, 217.

Senate refusal to ratify, 44, 238.
Settlement of controversy by, 219.
Signature of, 48, 249, 251.
States of United States forbidden
to make, 230.

Steps in conclusion of, 41, 42.
Subject matter of, 246.

Supreme law of land, 158, 255.
Termination of, 39, 107, 256–262,
351, 352.
Termination of, political question,